Inclusion of fair use disclaimer on website an error according to MVNO
Virgin Mobile has had a complaint about its unlimited text and data tariffs thrown out by the Advertising Standards Authority (ASA).
The complaint centred around a promotion on the Virgin Mobile website which contained a disclaimer stating that unlimited tariffs were subject to fair use policies. This led to speculation on whether the tariffs were truly unlimited.
Virgin told the ASA the inclusion of the disclaimer had been an error and there was currently no threshold in place in its unlimited call or data tariffs. It added the text on fair usage had now been removed.
Throwing out the complaint, the ASA concluded: “We noted, in this instance, the complainant had not suffered a restriction to the service such as a cap on usage. Because the claim ‘unlimited’ was not subject to the restrictions described in the ad and the text relating to a fair use policy had been removed, we concluded the ad was unlikely to mislead.”